Land Ownership from an Aboriginal Perspective

Idle No More

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Article: Learning from Wuskwatim - Important Precedents By Gaile Whelan Enns Published in The Drum March, 2012 It is eight years since the Wuskwatim projects environmental hearings - both transmission and generation station/dam. Right now Manitobans and affected communities are seeing the start of public reviews, hearings, and possible licensing for several Manitoba Hydro projects. Download Manitoba Wildlands March 2012 The Drum article (PDF) Article: Manitoba Hydro projects are being reviewed, planned, licensed By Gaile Whelan Enns Published in The Drum December, 2011 Manitoba Hydro, a publicly owned utility, is planning to spend $20 billion for new projects. The Manitoba government is proceeding with this expansion without an energy plan for the province... Download Manitoba Wildlands December 2011 The Drum article (PDF) Article: Disconnecting Heat/Power during Winter: A Manitoba Irony By Gaile Whelan Enns Published in The Drum December, 2011 This writer has been receiving calls asking for research about Manitoba Hydro disconnecting heat and power for homes in northern Manitoba. These disconnects are going on now. It is worth remembering that in northern manitoba, and any community without natural gas pipeline, all energy use is electric... Download Manitoba Wildlands December 2011 The Drum article (PDF) Article: Selinger's new government - what will it mean for first nations? By Gaile Whelan Enns Published in The Drum October, 2011 Gaile Whelan Enns, director of Manitoba Wildlands, wrote this article for The Drum, a publication of Taiga Communications. Download Manitoba Wildlands October 2011 The Drum article Article: Water Gives Us Life. We Share Water By Gaile Whelan Enns Published in First Nation Voices July, 2011 This year many First nation communities are affected by more water than in many years. Manitoba First Nations are dealing with 200 to 300 year water levels in the interlake region, along the Assiniboine River, and in the west side of the province... Download Manitoba Wildlands July 2011 First Nation Voices article (PDF) Article: Public Utilities, Energy Plans and Aboriginal People By Gaile Whelan Enns Published by The Drum, January 2011 The largest public utilities in Canada are in British Columbia, Quebec, and Manitoba. These hydro power utilities also manage other energy sources. In Ontario, while the structure is different, most energy sources are publicly owned. First Nation and other Aboriginal communities throughout northern and southern Canada are affected by the actions of these public utilities... Download Manitoba Wildlands January 2011 The Drum article (PDF) Article: Indigenous Peoples on Climate Change 'Frontiers' By Gaile Whelan Enns Published by The Drum, September 2010 It seems every new risk that comes along affects those least able to defend themselves or their communities. Dramatic food price increases in Asia and Africa affect the poor first, while more families slide into poverty. Those food price increases during the last year have many causes, including climate change. Countries are starting to block food exports due to these price increases... Download Manitoba Wildlands September 2010 The Drum article (PDF) Article: First Nations Protect Lands, Waters, and Economy By Gaile Whelan Enns Published by Assembly of First Nations First Nation Voice, July 2010 Canada's constitution was brought home, and includes Aboriginal rights as of 1982. Since then Canada's courts have consistently reconfirmed the laws of our land to support Aboriginal rights, while formalizing definitions and standards regarding Aboriginal rights, and decision making, environmental assessment, traditional knowledge - especially concerning natural resources, lands and waters... Download Manitoba Wildlands July 2010 Assembly of First Nations article (PDF) Article: Aboriginal Lands and The Crowns - Impacts and Consultations, By Gaile Whelan Enns Published by The Drum, April 23, 2010 Manitoba Aboriginal communities are justified when they feel bombarded by crown licensing actions with little notification, short time lines, and poor information. In Manitoba, where we operate without an environmental bill of rights, environmental assessment regulation, or environmental commissioner, frustration is common when a community is affected by a crown land use license. We are also operating without transparent consultation standards for Aboriginal Peoples... Download Manitoba Wildlands April 23, 2010 The Drum article (PDF) Article: Churchill River Diversion - After Thirty Years, By Gaile Whelan Enns Published by The Drum, February 22, 2010 During 2009 Manitoba Water Stewardship and Manitoba Hydro started to move from interim to permanent water power licences for the Churchill River Diversion (CRD). Only interim water power licences are currently in place. Manitoba Hydro has now requested that current interim water power licences be combined into one permanent licence, for 50 years... Download Manitoba Wildlands February 22, 2010 The Drum article (PDF) Article: First Nations Protect Lands and Waters, By Gaile Whelan Enns Published by The Drum, November 20, 2009 In the last two decades parks, and protected areas actions by the Crown in Canada have often been based on First Nation expectations. Consultations and accomodation prior to lands designation action by the Crowns are becoming more frequent, with First Nation communities at the table government to government. This has resulted in tens of millions of hectares in Canada's boreal and taiga regions being protected from industry, while being protected for traditional uses... Download Manitoba Wildlands Novmeber 20, 2009 The Drum article (PDF)

Aboriginal Rights

Treaty Two Serves Notice: Peat Mines & Irrigation

"We believe it is incumbent upon the Government to abstain from any decisions that would result in the issuing of any peat licenses until such time as its constitutionally mandated duties have been fulfilled," said Chief Bone.

Canadians are increasingly aware of the severe environmental issues associated with peat. For centuries peat was used as a source of fuel, and in modern times it is commonly used as a growing medium in gardening. Environment scientists are warning, however, that peat mining is an incredibly destructive and unnecessary industry.

Also the entire watershed of the Little Saskatchewan River is within the boundaries of Treaty No. 2 in which the First Nations agreed to share their lands for purposes of "immigration and settlement."

On July 5, 2012 the Government of Manitoba issued Environment Act License No. 3010 to the "Daly Irrigation Development Group" for the construction and operation of an irrigation system in the Rural Municipality of Daly.

Chief Norman Bone therefore also served notice to Gord Mackintosh that they regard the provincial government's decision to issue a license to the Daly Irrigation Development Groups as having strong potential for serious negative impact on the rights and interests of First Nations.

"We believe it is incumbent upon the Government to stay the license until such time as its duties have been fulfilled," Chief Bone said in the Treaty 2 notice.

The river's fragile ecosystem provides critical habitat for several endangered and at-risk species.

Recent Research - Aboriginal Peoples in Canada

"A Brief History of Effects of Colonialism on First Nations in Canada" by Tony Oliver, a student at Simon Fraser University.

Canada Signs UNDRIP... Well Sorta

More than three years later, Canada has changed positions and offered conditional "support" for UNDRIP. "The Declaration is an aspirational document which ...is a non-legally binding document that does not reflect customary international law nor change Canadian laws," declares the Canadian Government's letter of support.

Canada's Assembly of First Nations noted: "...exception to the statement that the UNDRIP does not reflect customary international law", but added, "[w]hile this in itself doesn't address our urgent needs, it does say that Canada is listening and that Canada is willing to work with us to achieve the standards set out in the UNDRIP."

"Now is our time to work together towards a new era of fairness and justice for First Nations and a stronger Canada for all Canadians, guided by the Declaration's core principles of respect, partnership and reconciliation," stated National Chief Shawn Atleo.

"Canadians need to understand that the purpose of instruments like the declaration is to encourage governments to change policies and laws that are discriminatory or that fail to uphold and fulfill the human rights protections guaranteed to Aboriginal Peoples," said National Inuit Leader Mary Simon.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), a non-binding document, recognizes indigenous people's basic human rights and rights to self-determination, language, equality and land, among other rights. Since the 2007 vote, New Zealand and Australia have since endorsed the declaration. The United States - the only country now left to not endorse the declaration - is reviewing its decision.

Controversy Grows Over Fish Lake Mine

Taseko's first proposal was rejected November 2, 2010 by then Environmental Affairs Minister Jim Prentice. Public and First Nations concerns over impacts of mining operations on Fish Lake continue. A federal review panel found the proposed mine would cause irreparable damage to both First Nations rights and the environment, including to fish stocks and grizzly populations. The company submitted a revised proposal August 9, 2011, which was accepted by the Canadian Environmental Assessment Agency November 7, 2011.

Taseko's revised project avoids draining picturesque Fish Lake, home to 80,000 rainbow trout. Instead of the original proposal to drain the lake, the lake would be surrounded by the proposed open-pit mine, unusable for the life of the mine (up to 33 years). The company admits this would essentially destroy the lake due to leaching from mine waste.

"There is something seriously wrong with our assessment process when a company like Taseko can simply re-submit a mining proposal after it has been soundly rejected. It would be a far better use of time and money to focus on mining proposals that are more environmentally appropriate, and have support of First Nations," said Sierra Club BC Executive Director George Heyman.

Nearby Tsilqhot'in First Nation was granted a court injunction to stop Taseko from undertaking exploratory work December 2011. The band wanted the court to keep the mining firm out of its territory, until the B.C. Appeal Court rules on the band's case involving aboriginal title. After several community meetings, the Tsilhqot'in Nation agreed to stop fighting and litigating against Taseko on test drills, while keeping its eye on the real goal, which is to make sure the mine itself never gets built.

"This was not a decision we made lightly," said Chief Marilyn Baptiste of the Xeni Gwet'in, a community in the Tsilhqot'in National Government, "But as a Nation, we've made a decision to focus our energies on the real battle of defeating this project, full-stop."

Taseko Mines filed a Notice of Civil Claim against the Western Canada Wilderness Committee March 1st, accusing the Wilderness Committee and its outreach director Sven Biggs for "a series of false and defamatory statements concerning Taseko and its proposed New Prosperity Gold-Copper Project."

The Wilderness Committee has vowed to fight the civil claim.

"This ill-conceived mine proposal should be turned down once and for all. That's our view and we're standing by it. We believe this court action stifles fair comment about Taseko's environmentally risky mine proposal. People should be able to enjoy full participation in the Federal Environmental Review process, including the right to comment – without fear of time-consuming and costly litigation," said Joe Foy, national campaign director for the Wilderness Committee.

BC First Nations Win Fish Lake Injunction

The injunction prevents Taseko employees from conducting exploration work, which had been permitted by the BC government.

Tsilhoquo'in Chief Marilyn Baptiste says the latest mine proposal will be even worse on the environment than the first proposal. "Little Fish Lake as well as Upper Fish Creek will be destroyed. And Lower Fish Creek will be destroyed by their pit," argues Baptiste.

BC Supreme Court judge Christopher Grauer has ruled the First Nation was not properly consulted on two permits granted to Taseko by the provincial government. The injunction will be in force until the First Nation can launch a judicial review over the provincial government permits. Jay Nelson, the band's lawyer indicated, "I think it's the right decision. It gives everybody some space now to try to get the consultation process right for these approvals, so it gives the Crown a chance to come back and do its job properly."

Prosperity Mine Denied

Taseko Mines Ltd. planned to drain Teztan Biny (Fish Lake) in central British Columbia (B.C.) to access gold and copper deposits and make room for a toxic tailings pond. A Canadian Environmental Assessment Agency (CEAA) panel report found that creation of the mine and destruction of Teztan Biny (Fish Lake) would impose irreversible harm to the environment, fish and wildlife and on First Nations rights, lives, culture and spirituality. The proposed Prosperity open-pit mine is on the traditional lands of the Xeni Gwet'in First Nation, a member of the Tsilhqot'in National Government.

"We were very pleased to see many of our concerns about this project reflected in the Panel Report," commented Ramsey Hart of Mining Watch Canada, "We are even more pleased to see the government respect those findings and reject the project."

"Now we must close the legislative loophole that allows destruction of Canada's freshwater bodies for toxic mine tailings," said Sierra Club B.C. Executive Director George Heyman, referring to changes made to Canada's Fisheries Act which allow metal mining corporations to use Canadian lakes to dispose of millions of tonnes of toxic waste rock and tailings. Fish Lake would have been Canada's fifth pristine natural water body authorized for as a tailing pond.

First Nations Women Advocating Responsible Mining (FNWARM) founding member Chief Marilyn Baptise and her fellow Tsilhqot'in National Government chiefs intend to follow up their recent victory saving Fish Lake with a court appeal to establish their Title and Right.

Takla Lake First Nation Chief Dolly Abraham explained, "before we can start to deal with individual proposals effectively we need Land Use Plans that clearly state where mining - and other resource extraction - can be pursued, and where it cannot - and this must take into account the accumulative effects of all projects on the environment."

Fish Lake Tailings Pond/Prosperity Mine Protests

Taseko Mines Ltd. plans to drain Teztan Biny (Fish Lake) in central B.C. to access gold and copper deposits and make room for a waste rock dump and toxic tailings pond. The proposed Prosperity open-pit mine is on the traditional lands of the Xeni Gwet'in First Nation, a member of the Tsilhqot'in National Government.

Tsilhqot'in National Government (TNG) is joined by the B.C. Assembly of First Nations, Union of BC Indian Chiefs, Nishnawbe Aski Nation (NAN) and BC First Nations, in addition to 12 environmental organizations from across Canada, in speaking out against the proposed mine.

"There are no options open to the federal Government - it must respect the findings of significant and irreparable harm to the environment and First Nations rights and culture that were delivered in the Canadian Environmental Assessment Agency's (CEAA) review Panel Report 2010," said Chief Marilyn Baptiste, of Xeni Gwet'in.

The CEAA panel report found that creation of the mine and destruction of Teztan Biny (Fish Lake) would impose irreversible harm to the environment, fish and wildlife and on First Nations rights, lives, culture and spirituality. It also found the proposal does not meet standards required under federal fisheries and navigable waters Act and that the proposed mitigation measures would not address environmental harm caused by the mine.

Under terms of reference for the CEAA panel review, the federal government is to deliver a decision on the mine in September, 2010.

Taseko Mines Ltd. has been assuring investors that the mine will proceed and that approval will be granted rapidly. This has raised concerns that the company seems to have no question that its mine will be approved.

The TNG wrote Federal Environment Minister Jim Prentice in June 2010 specifically requesting assurances that the government had not predetermined the mine would go ahead regardless of the CEAA panel review findings. To date, the TNG has not been granted any meetings with the Minister.

Manitoba Apologizes to Sayisi Dene

The relocation, now considered an abject failure, saw hundreds of people moved to Churchill from their traditional homes in northern Manitoba.

In a release, the province states the decision to relocate the Dene community at Duck Lake prior to 1956 was in part due to Manitoba wildlife officials who stated the traditional hunting practices of the Dene contributed to a perceived decline of area caribou herds.

After relocation, it was determined the caribou herd the Sayisi Dene had relied upon for generations was in fact healthy.

In less than two decades, nearly one-third of the Sayisi Dene died as a result of illness, violence, poverty and racism experienced on the outskirts of Churchill. The forced relocation of the Sayisi Dene was documented in the reports of the Manitoba's 1991 Aboriginal Justice Inquiry and Canada's 1996 Royal Commission on Aboriginal Peoples. An apology and compensation were recommended

"This is an important step on the path to reconciliation and healing," says Chief Thorassie. "We have a responsibility to work together to build the future we want for our children despite a legacy of hurt born of past government mistakes."

Manitoba has proposed to provide more than 13,000 acres of Crown land, separate from any treaty land entitlement, to help address the effects of relocation. The Sayisi Dene were moved to Tadoule Lake in 1973 at the request of community.

WAHBUNG: Our Tomorrows

Aboriginal Water Rights

Aboriginal Title

Treaties

The Royal Proclamation of 1763

Canadian Constitution Act - Section 35

Historic Manitoba Treaties

Aboriginal Traditional Territories

Modern Treaties and Land Claims

• Comprehensive land claims
• Self-government agreements
• Treaty land entitlement
• Other legal agreements used to recognize Aboriginal rights.

Treaties and Comprehensive Land Claims in Canada Larger Version (PDF)

Manitoba Treaty Map Larger Version

Manitoba Historic Treaties and Indian Reserves Larger Version

Manitoba Historic Treaties and Sub Basins Larger Version

Manitoba First Nation Tribal Councils Larger Version

• to exchange lands at a minimum ratio of four acres for each affected acre, with defined easements in favour of Manitoba;
• to provide provisions for land use by bands on areas of designated Crown land;
• to provide potable water for the five communities;
• to fulfill specific remedial and compensatory responsibilities respecting water regime management, affected shorelines, navigation, cemeteries and objects of cultural significance, community infrastructure and remedial works;
• to establish a community liaison committee;
• to establish an Employment Task Force; and
• to ensure trap line and fishing programs

• Split Lake (NFA)
• Norway House (NFA)
• York Factory (NFA)
• Nelson House (NFA)

Recent Court Decisions - Aboriginal Rights

Métis Upset About CSA Contract

"What really threatens us is if you look at the [contract], it says verification and standardization. Verification to what, to whom? If you start doing that, aren't you starting to dabble in definition?" asked Manitoba Metis Federation President David Chartrand.

A watered-down definition of who is Métis could dramatically impact the progress Métis people have made in being recognized as a distinct group of people, developing governance and economic opportunities.

"All of a sudden we'll have a dismantling of all the work we've done for the last 23 years," said Chartrand adding there was no consultation with Metis leaders. "If they [Government of Canada and INAC] were sincere... don't you think they would sit down with us first? What is their agenda here?"

Clarifying who can rightly identify themselves as Métis became an issue after the 2003 Supreme Court of Canada decision of R. v. Powley, which established the Métis constitutional right to hunt for food.

According to Chartrand the Métis definition of belonging is already more or less settled among its provincial associations. A person must self-identify as Métis, be able to trace their family connection to the Métis homeland (the fur trade areas from Ontario westward), be distinct from other aboriginal groups, and be accepted by other Métis.

On February 9, 2011, after considerable uproar, INAC promised the Métis National Council that the government would revisit the CSA contract.

Manitoba Métis Policy

• enhancing Métis participation in provincial decision-making process,
• promoting better understanding of Métis history and culture for Manitobans,
• applying a distinctions-based approach that respects the unique roles of Métis people past and present, and
• improving relationships between the province and all organizations representing Métis interests.

"Given that 2010 is recognized across the homeland as Year of the Métis, it is very timely that we make this announcement. I am very pleased by the province's forward-thinking approach in establishing a Métis policy and I commend Premier Selinger for his leadership throughout this process," said David Chartrand, president, Manitoba Metis Federation. "This historic government-to-government relationship will ensure that the Métis of Manitoba will be a full partner in future socio-economic opportunities and provide much needed direction for future decision-making. It's a positive first step that will benefit not only the Métis but all Manitobans as well."

Métis Scrip Lands & Métis Rights

Duty to Consult with
Aboriginal Peoples